Reso 6739 _
,
�DIR-2014-08
r"-� CITY OF CUPERTINO
���-� 10300:Torre Avenue -
Cupertino, California 95014
RESOLUTION NO.6739
TY F PERTI DE A `
I I F THE CI O CU 1V0 NYIIVG IV
OF THE PLANIV NG CONIlVIISS OIV O
APPEAL AND UPI-IOLDING TI iE CO1VIlVIU1VITY DEVELOPNIENT DIRECTOR'S
DECISIOIV TO ALLOW THE ADDITION OF 130 SQUARE FEET TO A SII�TGLE-FAIVTILY
, , RESIpENCE AT 11813 TRINITI'SPRING COiJRT _
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� SECTIOI�T I: PROTEGT DESCRII'TIOlV , ;
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Application No.: DIR-2014-08
Applicant:. ; Cynthia Cheung/Lik Seng.Lim _
Appellanf; Xin Wang, 11803 Trinity Spring:Court
Location: 11813 Trinity Spring Court(APN 366-53-029)
SECTION�IL• FIIVDINGS FOR A DIRECTOR'S MINOR IVIODIBICATION:
WHEREAS, the P1ai�u1ulg Coinmission of the City of Cupertino received an appeal for the Community
�� Development Director's approval of a Director's Nlinor Modification as described in Sectiori I. of this
Resolution; and ,
WI IEREAS, the necessary public notices have been given as required by'the Procedural'Ordinance of
tlle.City of Cupertino, and the Plannulg Commission has held at least one public hearing in"regard to
the appe'al;ancl _ - ' . .
WHEREAS;the appell"ant has not met the burden of proof required:to support said appeal; arid
WHEREAS;the P1a�lning Commission finds as follows with regard to this application:
a) The proposed development, at the proposed location, will not be detrimental or injurious to
properiy or improvements in the vicinity; and will not be detrimental to the public health, 'safety;
general welfare; or convenience;
Given`that the projecf-is consistent with the General Plan and Zoning Ordinance; and has been designed to-
be compatible with and respectful of adjoiriing'residences; the project'ivill not be detrimental or injurious to
property or improvements in the vicinity, and will`not be detrimental`to`the pub'lic health, safety, general
wel are, or convenience. " ' � � `
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f._, _ . .
b) The proposed development will be located and conducted in a mariner in acco"rd with the
Cupertino Gerieral'Plan and the purpose of the City's zoning ordinances. ">
,_, 'The proposed addition is in conformance with the General Plan Land Use IVIap;of the City �of Cupertino;
� since it is consistent with the existing land use designation (Planned Residential Development P(Res)) and
the adjacent single family residences. The location, height,and massing of the buildings are compatible'with
�he adjkcent and surrounding residences. The proposed project format is consistent zvith the City's General
Resolution No.6739 DIR-2014-08 May 27,2014
Plan Policy 2-16, which requires that new residential development preserve the character of residential �
neighborhoods by being compatible with the existing neighborhood.
c) Abrupt changes in building scale should be avoided. A gradual transition related to height and
bulk should be achieved between new and existing buildings.
The project conforms to all aspects of the original Planned Development provisions and the underlying
zoning district in terms of building setbacks, height, and size. The scope of the project is not increasing the
height of the residence and the addition is limited to the first floor. The roof of the addition has a seemless
connection with the existing roof.
d) In order to preserve design harmony between new and existing buildings and in order to preserve
and enhance property values, the materials, textures and colors of new buildings should
harmonize with adjacent development by being consistent or compatible with design and color
schemes, and with the future character of the neighborhood and purposes of the zone in which
they are situated. The location, height and materials of walls, fencing, hedges and screen planting
should harmonize with adjacent development. Unsightly storage areas, utility installations and
unsightly elements of parking lots should be concealed. The planting of ground cover or various
types of pavements should be used to prevent dust and erosion, and the unnecessary destruction
of existing healthy trees should be avoided. Lighting for development should be adequate to meet
safety requirements as specified by the engineering and building departments, and provide
shielding to prevent spill-over light to adjoining property owners.
The materials, textures, and colors of the project are consistent to the existing residence and the neighboring �
residences of the Seven Springs development. Staff supports the Seven Springs Home Owner Associations'
authorization of the proposed project and that it is architecturally compatible with the development. No
futher changes to the parcel are anticipated beyond the proposed addition.
e) With respect to new projects within existing residential neighborhoods, new development should
be designed to protect residents from noise, traffic, light and visually intrusive effects by use of
buffering, setbacks, landscaping, walls and other appropriate design measures.
The project scope is limited to a minor addition to the first floor of the residence without increasing the
overall height of the structure. The addition is limited to the extension of the existing walls and thus not
encroaching into any existing setback areas. No new bedrooms are being proposed and no subsequent noise,
traffic, light, and/or other visually intrusive effects are anticipated from the addition.
NOW,THEREFORE,BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2 thereof,
the application for a Director's Minor Modification, Application no.DIR-2014-08 is hereby approved; and
That the subconclusions upon which the findings and conditions specified in this Resolution are based
and contained in the Public Hearing record concerning Application no. DIR-2014-08 as set forth in the
Minutes of Planning Commission Meeting of May 27, 2014, and are incorporated by reference as though
fully set forth herein. '�
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Resolution No.6739 DIR-2014-08 May 27,2014 .
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� SECTION III: CONDITIOlVS ADIVIINISTERED BY THE CO1VlNIIJNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on exhibits entitled: "Lim Lik Seng & Cheung Fung. Mui" prepared by Anat
Shmariahu of A1VAV Design, received February 7, 2014, and consisting of eight (8) sheets;except as
may be amended by the conditions contained in this resolution.
2. ANNOTATION OF THE COlVDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into.and annotated on the first page of the
building plans.
3. BUILDINGPERlV1ITS
�The applicant shall consult with the Ciiy Building Division to obtain the necessary building permits
for#he addition.
4. BUILDING ELEVATIONS `
The addition shall substarifially match the existing residence in color,material;and style. ' '
5. CONSTRUCTION`PLAN SET REVISIONS
The following revision(s) shall be made on the conshuction plan set prior to building permit
issuance:
a. Sc��ee Revise scale to accurately depict dimensions on all sheets.
O6. COlVSULTATIOlV WITH OTHER DEPARTIVIENTS
The applicant is responsible to consult with other departments and/or agencies with regard
to fhe proposed project for additional conditions and reguirements. Any misrepresentation
of any submitted data may invalidafe an approval by the Community I�evelopment
I�epartment.
7. IlVDEMNIFICATION
To the'extent permitted by law, the Applicant shall inde�uiify and hold harmless the City, its City
Council, its officers, employees and agents (the "indemnified parties") from and against any claim,
action, or proceeding brought by a third party against the indem�zified parties and the applicant to
attack, set aside, or void this ordinance or any permit or approval authorized hereby for the project,
including (without limitation) reimbursing the City its actual attorneys' fees and costs incurred in
defense of the litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice.
8. NOTICE OF FEES,DEDICATIOIVS,RESERVATIONS OR OTHER EXACTIOIVS
T�ie Conditions of Project Approval set forth herein may include certain fees, dedication
requirements,reservation requirements, and other exactions. Pursuant to Government Code Section
66020(d) (1),-these Conditions constitute written notice of a statement of the amount of such fees,
and a description of the dedications, reservations, and other exactions. You are hereby further
� notified that the 90-day approval period in which you may protest these fees, dedications,
reservations, and other exactions, pursuant to Government Code Section 66020(a),has begun. If you.
Resolution No.6739 DIR-2014-08 May 27,2014
fail to file a protest within this 90-day period complying with all of the requirements of Section �
66020,you will be legally barred from later challenging such exactions.
PASSED AND ADOPTED this 27� day of May, 2014, Regular Meeting of the Planning Commission of
the City of Cupertino,State of California,by the following roll call vote:
AYES: COMMISSIONERS:Chair Brophy,Vice Chair Lee, Sun, Gong,Takahashi
NOES: COMMISSIONERS:none
ABSTAIN: COMMISSIONERS:none
ABSENT: COMMISSIONERS:none
ATTEST: APPROVED:
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Aarti Shrivastava Paul Brophy, air
Assistant City Manager Planning Co 'ssi n
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